2nd Circuit (incl. bankruptcy)

The National Law Review regularly publishes articles on The United States Second Circuit Court of Appeals. It is the second of the 13-federal circuits which make up the United States Court System. The District of Connecticut, the Northern/Southern/Eastern/Western Districts of New York, and the District of Vermont fall under the Second Circuit’s jurisdiction.

The clerk’s office is located at the Thurgood Marshall United States Courthouse in Manhattan, and this is also where the Second Circuit hears cases. In Connecticut, the District Court sits in New Haven. For the Eastern District of New York, the District Court is located in Brooklyn. The Northern District Court in New York sits in Syracuse and the Southern District Court is in New York, NY. The Western District Court sits in Buffalo, and Vermont’s District Court is in Burlington.

The Second Circuit is considered a mid-sized appellate system, as it currently is comprised of 13 active judges and 11 senior judges appointed to hear cases. Judges currently on the bench were appointed during the Clinton, Bush (Jr and Sr), Reagan, Carter, and Obama Presidencies. The Chief Judge for the Second Circuit is Robert A. Katzmann and Ruth Bader Ginsburg is the Circuit Justice for the District.

Several famous cases have set precedent for future decisions which have gone through the Second Circuit courthouses. United States v. One Book Called Ulysses (1933) is one of the most famous cases. It held that “offensive language” in the novel Ulysses, was not considered obscene. The case set precedent for free expression in literature, and the case is still widely cited nearly a century later.

The The National Law Review includes: tax court cases, bankruptcy filings, appeals from final judgment orders, hearing of extraordinary writs (cert), reviews of enforcement orders, administrative officer appeals, and more. The Federal Circuit also has original jurisdiction from all matters arising out of Constitutional question/issues, Treatises, Laws of the United States, and cases in equity which arise between parties. Immigration or naturalization cases falling under the Federal Circuit are also covered on The National Law Review website.

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Nov
17
2023
Ninth Circuit Provides Guidance on SEC Rule 16b-3 Short-Swing Profit Liability Exemption Sheppard, Mullin, Richter & Hampton LLP
Feb
26
2010
The Southern District Of New York Sends A Clear Message To Retailers Selling Counterfeits That Failing To Exercise Due Diligence In Purchasing Products After An Injunction May Result In Trebled Damages Of Millions Of Dollars Sheppard, Mullin, Richter & Hampton LLP
Jul
16
2010
Gucci's Attempt to Extend Trademark Infringement Liability to Credit Card Merchant Service Providers Survives Motion to Dismiss Sheppard, Mullin, Richter & Hampton LLP
Feb
19
2013
Second Circuit Affirms Dismissal of Securities Fraud Claims Relating to Allegedly Misleading Press Release Sheppard, Mullin, Richter & Hampton LLP
Mar
13
2013
Second Circuit Rules That Putative Auction Rate Securities Class Action Complaints Failed to Adequately Plead Antitrust Conspiracy Sheppard, Mullin, Richter & Hampton LLP
Jun
6
2013
Second Circuit Overturns Class Certification Order in Assistant Branch Manager Overtime Case Sheppard, Mullin, Richter & Hampton LLP
Feb
19
2014
Comity and Commonality: A Tale of Two Identical Class Actions Brought By Forum-Shopping Plaintiffs’ Counsel Sheppard, Mullin, Richter & Hampton LLP
Aug
21
2014
Second Circuit Clarifies the Use of Legal Presumptions of Consumer Confusion and Injury in Certain Lanham Act Cases Sheppard, Mullin, Richter & Hampton LLP
Dec
11
2014
Second Circuit Limits “Tippee” Insider Trading Liability Sheppard, Mullin, Richter & Hampton LLP
Feb
2
2015
New York Court Finds That Plaintiff Who Never Worked a Day For Company Is Not Entitled To A $350,000 Performance Bonus Sheppard, Mullin, Richter & Hampton LLP
Jul
12
2017
You Can’t Always Get What You Want—Second Circuit Affirms Parties Can Bargain Away TCPA Right To Revoke Consent To Automated Calls Sheppard, Mullin, Richter & Hampton LLP
Nov
21
2017
Second Circuit Affirms Class Certification Holding that Direct Evidence of Price Impact is Not Always Necessary to Demonstrate Market Efficiency Sheppard, Mullin, Richter & Hampton LLP
Jul
10
2019
Southern District of New York Invalidates State Ban on Mandatory Arbitration of Harassment and Discrimination Sheppard, Mullin, Richter & Hampton LLP
Mar
27
2015
Placing Medicare Beneficiaries Into "Observation Status" Recent Second Circuit Decision Casts Doubt on Lawfulness of CMS Procedures Poyner Spruill LLP
Nov
27
2009
New York’s International Banks Obtain Relief as Second Circuit Restricts Ability of Creditors to Use Maritime Rule B to Attach Electronic Fund Transfers Bingham McCutchen LLP
Sep
7
2010
In-House Counsel Must Maintain Active Bar Membership to Preserve Attorney Client Privilege Michael Best & Friedrich LLP
Sep
9
2010
Second Circuit Finds Personal Jurisdiction Over California Vendor Based on the Shipment of a Single Product Bearing Counterfeit Mark to Brand Owner’s Attorneys in New York Michael Best & Friedrich LLP
Mar
16
2015
Brazil mailbox litigation update: First case to be heard by the Federal Court of Appeals on March 24, 2015 Michael Best & Friedrich LLP
Apr
2
2011
New York Federal District Court Addresses the Pleading Standard and Constitutionality of False Patent Marking Claims Under 35 U.S.C. § 292 Michael Best & Friedrich LLP
Jun
28
2013
No Free Lunch: Navigating the Legal World of Unpaid Internships Michael Best & Friedrich LLP
Oct
11
2010
The Seventh Circuit Finds Personal Jurisdiction Over Out-of-State Internet Company Michael Best & Friedrich LLP
Jun
30
2017
Second Circuit Limits Withdraw of Consent in Contracts Under TCPA Michael Best & Friedrich LLP
Oct
2
2012
Federal CAFO Regulations Remove “Propose to Discharge” Permitting Requirement Michael Best & Friedrich LLP
Feb
21
2020
Second Circuit Holds Federal Banks Are Government Entities For FCA Purposes, Revives Qui Tam Suit Against Wells Fargo Dinsmore & Shohl LLP
Aug
9
2012
The Second Circuit Interprets the Securities Exception to CAFA Jurisdiction and Remands a Case to State court Dinsmore & Shohl LLP
Nov
28
2023
Martin Scorsese’s ‘Raging Bull’ and Flo Rida’s Common Link? Attention of the U.S. Supreme Court on the Relevant Damages Period for Copyright Infringement Dinsmore & Shohl LLP
Feb
28
2018
Second Circuit: Title VII Covers Sexual Orientation Discrimination Dinsmore & Shohl LLP
Feb
12
2024
No Retaliatory Intent Needed: SCOTUS Eases Requirements for SOX Whistleblower Claims Dinsmore & Shohl LLP
Aug
18
2012
The Second Circuit affirms denial of remand in a CAFA case where the plaintiff failed to raise a procedural defect in the notice of removal in a timely manner Dinsmore & Shohl LLP
Dec
19
2012
Is Work From Home Counted in Determining FMLA Eligibility? Dinsmore & Shohl LLP
Jan
28
2020
Tax Day Dinsmore & Shohl LLP
Oct
10
2010
Corporate Affiliate Conflicts of Interest - GSI Commerce Solutions v. BabyCenter, L.L.C. Dinsmore & Shohl LLP
Mar
14
2016
Is it Real Property Interest? Case That Could Change Bargaining Power Dinsmore & Shohl LLP
Nov
8
2009
Global Warming Litigation and the Ghost of Mrs. Palsgraf - Why Carbon-Heavy Entities Should Be Scared of Both Dinsmore & Shohl LLP
Nov
24
2009
IRS Scores Another Win in 419A Case Dinsmore & Shohl LLP
Nov
3
2010
Lawsuit Challenging Legitimacy of LEED Program Could Have Major Implications Dinsmore & Shohl LLP
Jul
14
2010
E-Discovery and Litigation Holds: The Ever Increasing Duties Imposed on Litigants Dinsmore & Shohl LLP
Sep
16
2020
DOL Issues Revised FFCRA Regulations in Response to Court Ruling Dinsmore & Shohl LLP
Aug
10
2018
Breakthrough: First District Court in Eleventh Circuit Follows Reyes and Holds Contractual TCPA Consent Cannot Be Revoked Womble Bond Dickinson (US) LLP
Nov
7
2018
Getting a Bad TCPA Vibe: Court Finds Text Message Platform’s Advertising Billions of Texts Sent Sufficient to Allege ATDS Usage Womble Bond Dickinson (US) LLP
Jul
31
2020
Sixth Circuit follows Second and Ninth Circuits in finding that an ATDS Encompasses Calls Dialed from a List Womble Bond Dickinson (US) LLP
Feb
28
2019
Using Prior FCC Rulings and Focusing on Human Intervention, Court Finds Texting Platform Is Not An ATDS Womble Bond Dickinson (US) LLP
Sep
20
2019
Echoes of Roseanne Roseannadanna: It’s always something—Federal Judge Dismisses Copyright Infringement Lawsuit Involving Gilda Radner Documentary Womble Bond Dickinson (US) LLP
Apr
15
2021
Windstream Bankruptcy Court Slams Charter Communications for Violating Automatic Bankruptcy Stay, Holds Company in Contempt Womble Bond Dickinson (US) LLP
May
4
2018
Contractual Consent Matters: Barton Decision Delivers First Out-of-Circuit Win for Reyes Holding that Contractual Consent is Irrevocable Womble Bond Dickinson (US) LLP
Jun
29
2018
A New TCPA King?: Second Circuit Rejects “Potential Capacity” Definition Outright But Ducks Issues of ATDS Functionality Womble Bond Dickinson (US) LLP
Nov
27
2018
Fairness Doctrine: Second Circuit Rejects Deposit Via Rule 67 as Means of Mooting TCPA Class Action–Finds Plaintiff Must Be Afforded a “Fair Opportunity” to Seek Certification Womble Bond Dickinson (US) LLP
May
29
2020
Federal Judge Confirms That Syndicated Loans Are Not Securities Womble Bond Dickinson (US) LLP
Nov
8
2023
Defendant Cannot Keep Trademark and Copyright Infringement In The Dark Womble Bond Dickinson (US) LLP
Jun
29
2017
Second Circuit: You Agreed to be Called When They Loaned You the Money, So Now Live With It Womble Bond Dickinson (US) LLP
 

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